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Cyclist gets paid compensation despite having only a sketchy memory of the car accident

In this matter we acted for a 22 year old young man who motor vehicle accident in which he was hit by a car whilst pushing his motorized bicycle across a highway at Western Sydney and suffered injuries to his leg.

After obtaining instructions from our client we lodged a Personal Injury Claim Form with the CTP Insurer of the car allegedly at fault.

The insurer did not admit its insured driver’s liability and argued that the fault of the accident was exclusively of our client. Regrettably our client had a limited recollection of the events leading to the accident due to the trauma suffered.

We retained an engineer to provide us with an accident reconstruction report. Unfortunately, the police report and the witness statements from other drivers depicted a set of facts which showed some responsibility on behalf of our client.

We arranged for our client to undergo a clinical examination with an orthopedic specialist and sought his opinion on what the likely progress of our client’s injury in the future. Most importantly we focused on the likely impact that the injury suffered by our client in the accident were likely to have with respect to his capacity to work. It turned out that our client’s injury healed reasonably fast and he was back at work without any problem.

We were able to persuade the insurer that our client’s position was simply to receive a reasonable compensation for what appeared an accident caused also by his own miscalculations. In these circumstances we were able to secure a settlement for over 35,000.00.

Our client was happy to have received some compensation without having to go through the difficulties posed by having to bring the matter before a Court of law.

© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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